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Order Denying Port Of Seattle’s Motion to Dismiss for Lack of Standing and Staying Action

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Port of Seattle
Properties
Auburn Wetland
CASE #98-2-23944-1 SEA

In a December 1998 ruling, King County Superior Court Judge Peter D. Jarvis denied the Port of Seattle's motion to dismiss a lawsuit filed by Citizens Against SeaTac Expansion, finding that the group had legal standing to challenge the Port's environmental decision regarding replacement wetlands in Auburn. The court determined that this decision was interrelated to the broader Seattle-Tacoma International Airport Master Plan Update, including the proposed Third Runway. While rejecting dismissal, the court stayed all proceedings until the Port completed all required environmental reviews under SEPA and Sections 401 and 404 of the Clean Water Act.

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King County Superior Court Case #98-2-23944-1 SEA. Proposed order filed December 23, 1998, noting date January 15, 1999, before Honorable Peter D. Jarvis. Court denies Port Of Seattle’s Motion to Dismiss for Lack of Standing filed against Citizens Against Sea-Tac Expansion (CASE). Court finds Port’s Final Determination of Nonsignificance and Notice of Decision regarding replacement wetlands in Auburn is interrelated to Seattle-Tacoma International Airport Master Plan Update development actions and Third Runway construction. Action stayed pending Port of Seattle completing all environmental decisions on Third Runway under SEPA and Clean Water Act sections 401 and 404. Declarations reviewed include Michael Feldman, Roger Pearce, Lawrence Corvari, Greg Wingard, Richard A. Poulin, and Barbara Hinkle. Smith & Lowney, P.L.L.C. counsel.

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